Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135AA

Decision not to seize unless expenses are covered

(1) Subject to subsection (2), the Comptroller-General of Customs
may decide not to seize the copies under subsection 135(7) unless he or
she has been given by the objector (or by one or more of the objectors) a
written undertaking acceptable to the Comptroller-General of Customs to repay
to the Commonwealth the expenses of seizing the copies.

(2) The Comptroller-General of Customs may decide not to seize the
copies under subsection 135(7) unless he or she has been given by the
objector (or one or more of the objectors), instead of an undertaking,
security in an amount that the Comptroller-General of Customs considers
sufficient to repay to the Commonwealth the expenses of seizing the copies if:

(a) an amount payable under an undertaking given by the objector (or one
or more of the objectors) in relation to other copies has not been paid in
accordance with the undertaking; and

(b) the Comptroller-General of Customs considers it reasonable in all
the circumstances to require the security.

(3) An undertaking may be withdrawn or varied if the Comptroller-General
of Customs consents in writing to a written request from the objector or
objectors to do so.

(4) In this section:

"expenses of seizing the copies " means the expenses that may be incurred by
the Commonwealth if the copies were seized.